New Mexico woman sues officers for macing her genitals

New Mexico law enforcement is under fire again after the American Civil Liberties Union filed a lawsuit alleging cruel and unusual punishment when a corrections officer reportedly sprayed mace on a woman’s genitals during a strip search.

According to the lawsuit, Marlene Tapia was arrested two years
ago on November 22 for a possible parole violation concerning a
previous drug case. Tapia was undergoing a strip search by two
female corrections officers at the Metropolitan Detention Center
when the officers noticed a plastic bag sticking out from Tapia’s
genitals.

Instead of telling Tapia to remove the bag, one of the officers –
Blanca Zapatar – reportedly sprayed her genitals with mace twice.
The suit alleges that this not only constituted misconduct by the
officer, but also that it was a violation of standard procedure,
which dictates that if an officer notices an item in a body
cavity of an inmate, that individual must be taken to a medical
office for treatment.

According to KOB 4 News, the documents filed in court also claim
that Zapatar disobeyed orders by her superior to stop spraying
Tapia, who was cooperating and did not resist the officers in any
way.

Tapia said the mace caused “severe pain that lasted for several
weeks including burning, swollen genitals and painful urination.”
The suit claims that there was no reason to use the mace except
“to punish” Tapia.

The civil rights case has taken two years to build, but Peter
Simonson of the New Mexico chapter of the ACLU said it was filed
within the statute of limitations.

“It’s just the maliciousness, the wanton disregard, wanton
maliciousness that the corrections officer demonstrated,” he
said to KOB 4. “This is the kind of chemical that is
intended to be sprayed on other parts of the body, to cause pain,
but to spray it on the very most sensitive part of a person’s
body only doubles the pain.”

Simonson added the purpose of the lawsuit is to ensure the
freedoms and protections enshrined in the Constitution apply to
all Americans, and that the ACLU is not seeking compensation. The
suit acknowledged that Zapata was disciplined for her actions,
and the detention center confirmed she was still working there.

This isn’t the first time New Mexico law enforcement has been
accused of violating the rights of those suspected of carrying
drugs. Earlier this month, RT reported that at least two individuals were
arrested by police on suspicion of carrying drugs inside their
bodies and forced to undergo invasive procedures against their
will, including finger rectal exams, enemas, X-Rays, and, in one
situation, a colonoscopy. No drugs were found in either of those
cases, and lawsuits have been filed against the officers and
doctors involved.